ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS

		

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002020 

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests:

* that his record be corrected to show he served in the Republic of Vietnam (RVN) from 2 February 1969 to 2 February 1970
* award of the Vietnam Campaign Medal (VCM) [correctly known as the Republic of Vietnam Campaign Medal (RVNCM) with Device "1960"] and Vietnam Service Medal (VSM)
* award of any other medals and citations to which he is entitled 

2.  He states that the service was performed, but not recorded and the corrections are needed for Department of Veterans Affairs (VA) benefits.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he was inducted into the Army of the United States. on 7 March 1968.  He completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  item 31 (Foreign Service) - he served in the RVN from 2 February 1969 to 1 February 1970;

	b.  Item 38 (Record of Assignments) - he was assigned to Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade;

	c.  Item 39 (Campaigns) he participated in an unnamed campaign;
and

	d.  Item 41 (Awards and Decorations) shows:

		(1)  National Defense Service Medal;

		(2)  RVNCM with "1960" Device;

		(3)  VSM; and

		(4)  Two Overseas Service Bars

	e.  Special Orders Number 269, issued by Headquarters, 199th
Infantry Brigade on 26 September 1969 show he was awarded the Combat Infantryman Badge (CIB);

	f.  General Orders Number 1793 issued by Headquarters, 199th
Infantry Brigade on 23 October 1969 show he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement for the period 
2 February to 1 July 1969;

	g.  General Orders Number 2350 issued by Headquarters, 199th
Infantry Brigade on 11 December 1969 show he was awarded the ARCOM with first oak leaf cluster for meritorious service from February 1969 to February 1970;

	h.  General Orders Number 2369 issued by Headquarters, 199th
Infantry Brigade on 13 December 1969 show he was awarded the ARCOM with second oak leaf cluster for meritorious achievement for the period 2 July to 1 December 1969;

	i.  Special Orders Number 71, issued by Headquarters, 1st Training Brigade, Fort Gordon, GA on 27 April 1968, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and
   
4.  He was honorably released from active duty on 3 February 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the ARCOM, National Defense Service Medal, and the Army Good Conduct Medal.

6.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade was cited for award of the:

   a.  RVN Gallantry Cross with Palm Unit Citation for action during the period 19 June 1968 - 31 July 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971; and
   
   b.  RVN Civil Actions Honor Medal First Class Unit Citation for action during the period 12 December 1966 - 31 August 1970, by DAGO Number 31, dated 1971.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the RVN, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall, 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring, 1969 (1 November 1969 - 30 April 1970)

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24c, enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC (U.S. Army Pacific)) in which the service was performed.

10.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after
5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam -- 
6 Apr 70 through 28 May 71, Indochina - yes, Korea - no."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Vietnam from 2 February 1968 to 1 February 1970.  Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his Vietnam service during the period 2 February 1968 to 1 February 1970 at this time.

2.  Special orders show he was awarded the CIB.  Therefore, he is entitled to have his record corrected to show award of this badge.

3.  General orders show he was awarded the ARCOM with second oak leaf cluster (i.e., 3rd award).  Therefore, he is entitled to have his record corrected to show this award.

4.  DAGOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit citations.

5.  Evidence of record shows he is eligible for the VSM with four bronze service stars and the RVNCM with "1960" Device.  Therefore, he is entitled to have his record corrected to show these awards.

6.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have his record corrected to show this award.

BOARD VOTE:

___x_____  __x______  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ____ ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by: 

* adding to item 22c of his DD Form 214 the entry "USARPAC"
   
* adding to item 24 of his DD Form 214 the:

* Army Commendation Medal (third award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device "1960"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

* adding to item 32 (Remarks) of his DD Form 214 the entry "Vietnam - 2 February 1969 to 1 February 1970" 



      ___________x__ ____________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20110002020



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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